Rhino ‘kingpin’ case accused alleges fabrication by witness

One of the accused in the protracted rhino poaching case at Mtubatuba Regional Court will argue during trial that the allegations are fictitious, were fabricated, and that the SAPS undercover operation which resulted in their arrest was a ‘witch-hunt’.

Wiseman Mageba and his co-accused Dumisani Gwala were back in the dock yesterday (Tuesday) where they pleaded not guilty to a combined 12 charges relating to the alleged illegal purchase and possession of rhino horn, resisting arrest, and attempted murder.

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Zwelonke Ngwenya, legal counsel for Gwala, during cross-examination of the SAPS investigating officer of the case, Jean Pierre Van Zyl Roux, said his client’s version of events is that on 18 December 2014, and allegedly on two other occasions prior to the day in question, he was allegedly enticed to take cash and rhino horns to sell to potential buyers.

“Your worship, there was no enticement,” Roux responded.

Roux dismissed the allegation put forward by Ngwenya on behalf of Gwala that the undercover operation was a ‘witch-hunt’ to have the accused arrested.

Ngwenya put it to Roux that the undercover agent accompanied by another individual had offered his client a bag packed with rhino horn and money, which he was allegedly told he could use to pay bribes when required.

“That doesn’t even make sense that a police agent would have cash,” Roux responded.

Ngwenya said when his client refused to take the bag, ‘someone’ came out of the boot of a car, pointed a firearm at an unarmed Gwala and shot at him, and that he sustained ‘life-threatening’ injuries.

“I know he was hospitalised. I know he was shot, but according to what I saw, this is completely different from the accused’s version,” Roux told the court.

According to Roux, a report given to him, and undercover footage, show a clearly identifiable police officer approaching Gwala who was in a 3 series BMW sedan, and that soon thereafter a struggle at the vehicle’s window ensued, during which gunshots went off and that Gwala, who was still inside the car, allegedly attempted to squash the officer with his vehicle against a nearby wall.

In count 11, Gwala is accused of resisting arrest on 18 December 2014 in the Manguzi area, and that he had allegedly attempted to disarm a police officer. In count 12, he is accused of the attempted murder of the same officer.

In his cross-examination of Roux, Ngwenya put it to the witness that SAPS had failed in their duties to protect and serve his client; had infringed Gwala’s rights to dignity and to life, and had deviated from their internal guidelines when conducting undercover operations.

In his counter-response, Roux explained that first aid – the application of bandages to his gunshot wounds – was urgently performed on Gwala and an ambulance was immediately called to the scene once he had been removed from the vehicle and apprehended.

Roux told the court that the officer ‘had no intention to willfully injure or kill’ Gwala, and that the officer during the wrestling was ‘protecting his own life’.

“He had to do that in effect to try and save his life,” Roux told the court.

Ngwenya questioned Roux about where he had obtained the rhino horn used for the two transactions that transpired prior to the one of 18 December 2014 as there was no documentation to follow, to which the witness said he had made a verbal agreement with an official at Ezemvelo KZN Wildlife.

Ngwenya also questioned Roux about the involvement in the undercover operation of a private company, Enyathi Anti-poaching Unit, and whether this had been included in an application for the approval of the operation sent to the director of public prosecutions, to which Roux said it was not, as such details are ‘unforeseeable’ in such operations.

The trial resumes this (Wednesday) morning.

Read the full story in the ZO Weekender and ZO Monday editions…

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